-KJN (HC) Williams v. State of California, No. 2:2010cv02904 - Document 5 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/8/2010 ORDERING 1 that the Clerk of the Court is directed to assign this case to district judge Frank C. Damrell, Jr.; and RECOMMENDING that this action be dismissed without prejudice; Referred to Judge Frank C. Damrell, Jr; Objections due within 14 days after being served with these F & R's. (Reader, L)
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-KJN (HC) Williams v. State of California Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK J. WILLIAMS, Petitioner, 11 12 No. 2:10-cv-2904 KJN P vs. 13 STATE OF CALIFORNIA, 14 ORDER AND Respondent. FINDINGS & RECOMMENDATIONS / 15 By an order filed November 4, 2010, petitioner was ordered to file either an 16 17 application to proceed in forma pauperis or pay the appropriate filing fee within thirty days and 18 was cautioned that failure to do so would result in a recommendation that this action be 19 dismissed. The thirty day period has now expired, and petitioner has not responded to the court’s 20 order and has not filed an application to proceed in forma pauperis or paid the filing fee. In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the 21 22 Court is directed to randomly assign a district judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 25 26 prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, petitioner may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: December 8, 2010 7 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 11 will2904.fff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2